In re Estate of D.D. St. Vrain

• Citation: 1 Mo.App. 294
• Parties: IN THE MATTER OF THE ESTATE OF D. D. ST. VRAIN.
• Decision Date: 28 February 1876
• Court: Court of Appeal of Missouri (US)

1 Mo.App. 294

IN THE MATTER OF THE ESTATE OF D. D. ST. VRAIN.

St. Louis Court of Appeals, Missouri.

Feb. 28, 1876.

Where children of an intestate, who have received advancements, refuse to come into hotchpot, they are to be disregarded in making an order of distribution of the estate descended.

APPEAL from St. Louis Circuit Court.

Affirmed.

Gottschalk, for appellant, cited: Wag. Stat. 530, secs. 6, 7.

Samuel N. Holliday, for respondent, cited: Wag. Stat. 530, sec. 6; Wag. Stat. 529; Spradling v. Conway, 51 Mo. 51.

BAKEWELL, J., delivered the opinion of the court.

It appears from the record in this cause that, on final settlement in the Probate Court of St. Louis county, of the estate of Domitille D. St. Vrain, deceased, a balance was found in the hands of the administrator, belonging to said estate, of $1,584.17 for distribution; whereupon the following order of distribution was made by said court:

“It appearing to the court that Charles Leon St. Vrain is the only child and heir of said deceased who received no advancement from him, and that all the remaining children and heirs of said deceased, having received such advancements, decline and refuse to come into hotchpot, wherefore the court apportions the balance aforesaid, and orders the same to be paid and distributed by said administrator, in the manner following, to wit: To Mary St. Vrain, widow of said deceased, who has heretofore had and received of the assets of said estate the sum of $200, the further sum of $69.16, and the said Charles Leon St. Vrain the residue of said balance then remaining, to wit, the sum of $1,515.01, in addition to the sum of $100 heretofore received from said administrator.”

From this judgment an appeal was taken to the Circuit Court, and, the cause being tried anew, the same order and judgment rendered in the Probate Court was given in the Circuit Court, in the words set out above. A motion in arrest of judgment and a motion for a new trial were duly filed by the administrator, which being overruled, the cause is brought here by the administrator by appeal.

It appears from the evidence in this cause that St. Vrain died in December, 1868, leaving a widow and seven children, of whom five were adults and children of a former bed. The two children of the second bed were aged, respectively, four years and one year and six months at the date of the intestate's death. In 1864, before the birth of the youngest child, deceased, being in bad health, divided his real estate,...